United States Ninth Circuit

El Salvadorian native's petition for review of a decision dismissing his appeal from an order finding him removable as an alien convicted of an aggravated felony and of an offense related to a controlled substance is dismissed in part and denied in part where: 1) petitioner did not qualify for withholding of removal as a member of a "social group" based on his indelible tattoos indicating his gang membership and his potential persecution by rival gang members; 2) the court lacked jurisdiction over the issue of whether a state conviction constituted an aggravated felony; 3) he is not a national of the United States; 4) he is not entitled to relief under the CAT; and 5) an IJ who presided over his hearing was not biased.

Appellate Information

• Argued 06/08/2007
• Decided 12/27/2007
• Published 12/27/2007

Judges

• TROTT, Circuit Judge:, Before:  STEPHEN S. TROTT and JOHNNIE B. RAWLINSON, Circuit Judges, and SAMUEL P. KING, Senior Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Shan D. Potts, Berke Law Offices, Los Angeles, CA, for petitioner.


• For Appellees:
  
• Genevieve Holm and Jonathan Robbins, United States Department of Justice, Civil Division, Washington, DC, for respondent.